Legal Undertaking

joanita
I need help in framing a legal undetaking frm labourers, it should be legally valid
we are a chemical mfg co. and are planning to venture in a new chemical procedure, the laboures needed will be hired on contract basis but to be on a safer side we need to take an undertaking from the labourer stating that we hv given them training and they are well aware of the dangers but are capable to handle the material used in this procedure, they hv been provided with enough safety gears. In case of any accidents /mishaps during work he will be solely responsible and the company bears no liability.
we need to take this undertaking so that the labourers work more cautiously n are alert in their work, as mentioned we hv trained them n r also going to provide with the necessary safety gears such as full length gloves n suits
thnx
joanita
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shekhar bhonagiri
Any such undertaking will have no legal validity....if the worker does not wear or use safety equipment the Co. can always take disciplinary action against him under the relevant standing odeers or rules of discipline...but to take an undertaking that the Co will not be responsible for any accident is too presumptous & cannot provide immunity from any legal provisions , esp under the Workmens Comp Act or the Factories Act.
joanita
thnks shekhar for assiting me, but i still need a format for the same as my management feels safer to take an undertaking frm labourers, i hv expalined them that in case of any mishaps this undetaking will not help, but they still insist, pls help
thnks
Joanita
svsrana
JoAnita,
I am a auditor for Occupational Health & Safety OHSAS 18001.
keep records of training provided to workers/ housekeeping staff too, MSDS of chemicals, registers for issuance of Personal Protective Equipment, warning signs etc.
These do not absolve you of any accidents, it is your duty to ensure implementation too.
let me know what are existing safeguards in your company and if a HAZOP/ HAZON/ Safety audit etc has ever been done.
suryavrat
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